NAC 565.010Definitions. (NRS 565.040)As used
in this chapter, unless the context otherwise requires, the words and terms
defined in NAC 565.015 to 565.085,
inclusive, have the meanings ascribed to them in those sections.

[Dep’t of Agriculture, part Reg. No. 58, eff. 9-1-72; A
8-15-74; 2-25-77; 4-1-77]—(NAC A by Div. of Agriculture, 11-3-97; A by Dep’t of
Agriculture by R213-05, 6-28-2006)

2. All horses, mules, burros, asses and
other members of the equine species.

(Added to NAC by Div. of Agriculture, eff. 11-3-97)

NAC 565.026“Brand inspection” defined. (NRS 565.040) “Brand
inspection” means a careful examination of each animal offered for such
inspection and an examination of the brands, marks or other characteristics
thereon and the recording of information on the brand inspection clearance
certificate as required.

(Added to NAC by Div. of Agriculture, eff. 11-3-97; A
by Dep’t of Agriculture by R213-05, 6-28-2006)

NAC 565.031“Brand inspection clearance certificate” defined. (NRS 565.040) “Brand
inspection clearance certificate” means a certificate on a form prescribed by
the Division and signed by an authorized agent of the Department, listing
brands and information as required.

(Added to NAC by Div. of Agriculture, eff. 11-3-97; A
by Dep’t of Agriculture by R213-05, 6-28-2006)

NAC 565.079“Regular sale” defined. (NRS 565.040)“Regular
sale” means a sale conducted by the operator of a public livestock auction
during a day set forth in a license issued to the operator by the Department
pursuant to NRS 573.050.

(Added to NAC by Dep’t of Agriculture by R142-10, eff.
12-30-2011)

NAC 565.080“Slaughter” defined. (NRS 565.040) “Slaughter”
includes slaughter on a ranch, slaughter for a person’s own use and slaughter
in a licensed slaughterhouse.

(Added to NAC by Div. of Agriculture, eff. 11-3-97)

NAC 565.082“Special sale” defined. (NRS 565.040)“Special
sale” means a sale conducted by the operator of a public livestock auction that
is held on a day:

1. Which is not set forth in a license
issued to the operator by the Department pursuant to NRS 573.050; and

2. For which the operator has obtained
approval from the Director pursuant to NRS 573.170.

(Added to NAC by Dep’t of Agriculture by R142-10, eff.
12-30-2011)

NAC 565.085“Time and place of change of ownership” defined. (NRS 565.040) The time
and place of “change of ownership” are the time and place where possession of
the livestock passes to the new owner.

(Added to NAC by Div. of Agriculture, eff. 11-3-97)

NAC 565.150Severability. (NRS 565.040) The
provisions of this chapter are severable. If any provision of this chapter or
any application to any person, thing or circumstance is held invalid, the
Department intends that such invalidity not affect the remaining provisions or
applications to the extent that they can be given effect.

(a) If the owner of the animals has a livestock
movement permit, the animals are being moved within this State and there is no
change of ownership or slaughter involved.

(b) For the sale or transportation within this
State of dairy breed calves under the age of 1 month.

(c) For the transportation within this State of
horses if the horses are accompanied by a current annual or lifetime horse
permit or a livestock movement permit.

2. Unless excepted, brand inspections are
required:

(a) Before animals are moved out of this State and
in all cases where a change of ownership or slaughter is involved.

(b) Before animals are herded or trailed out of
this State.

Ê If a deputy brand
inspector I makes an exception to the requirements of this subsection, he or
she shall immediately report the exception to the agricultural enforcement
officer II or agricultural enforcement officer III supervising the area where
the animals are located.

3. Animals for slaughter in a district will
be inspected at the place of slaughter immediately before slaughter except as
otherwise provided in this chapter.

4. Animals being moved out of this State by
truck or trailer will be inspected at a site and time designated by the brand
inspector.

5. Animals on which ownership is being
changed will be inspected at a site and time designated by the brand inspector.

6. An owner of animals which are consigned
to a regular sale or special sale will be charged for a brand inspection
regardless of whether the animals are sold.

7. An owner of animals who intends to herd
or trail the animals out of this State must give notice to the brand inspector
at least 24 hours before the animals may be herded or trailed out of this
State.

8. All brand inspections must be made during
daylight hours or with adequate lighting under uncrowded conditions where the
brand inspector is satisfied that he or she can identify all brands, marks,
color and sex. Brands and marks on the animals must be recorded by the brand
inspector on the brand inspection clearance certificate.

[Dep’t of Agriculture, part Reg. No. 58, eff. 9-1-72; A
8-15-74; 2-25-77; 4-1-77]—(NAC A 10-18-89; A by Div. of Agriculture, 11-3-97; A
by Dep’t of Agriculture by R213-05, 6-28-2006; R142-10, 12-30-2011)

1. The Director may issue special permits in
the following specific instances:

(a) Horse permit: The Director may make available
an annual or lifetime permit for the movement of any horse that may be used in
lieu of a brand inspection if the permittee:

(1) Completes an application on a form
provided by the Department; and

(2) Pays for each horse:

(I) A fee of $25 for an annual permit; or

(II) A fee of $50 for a lifetime permit.

(b) Livestock movement permit: The Director may
issue a permit for the movement of livestock within this State. A livestock
movement permit may be used to move livestock that have been branded with the
brand of the permittee recorded with the Department pursuant to chapter 564 of NRS but have not been
inspected by a brand inspector. A livestock movement permit is required for the
movement of branded livestock across the boundaries of a district unless the
livestock have been inspected by a brand inspector. Before moving livestock
pursuant to a livestock movement permit, the permittee shall complete a
statement on a form provided by the Department that includes, without
limitation, the number of livestock being moved, a description of the livestock
being moved, the brands and markings of the livestock being moved and the
destination of the livestock being moved. The permittee shall carry a copy of
the completed form during the movement of the livestock. Not more than 10 days
after the movement of the livestock is completed, the permittee shall submit a
copy of the completed form to the Department. A livestock movement permit is
not valid for:

(1) The transportation of livestock across the
boundaries of this State;

(2) Proof or change of ownership;

(3) Slaughter;

(4) The transportation of unbranded livestock,
except unbranded calves and foals traveling as pairs or accompanied by proof of
brand inspection or other proof of ownership;

(5) The transportation of calves with brands
that are not healed and peeled; or

(6) Except as otherwise provided in
subparagraph (4), any cattle not branded with the brand of the permittee
recorded with the Department pursuant to chapter
564 of NRS.

2. The State Board of Agriculture shall
establish a reasonable fee for the issuance of a special permit and shall post
the amount of the fee on the Internet website maintained by the Department.

3. The Director may revoke a special permit
specified in this section if the permit is used for a purpose other than the
purpose for which it is issued.

[Dep’t of Agriculture, part Reg. No. 58, eff. 9-1-72; A
8-15-74; 2-25-77; 4-1-77]—(NAC A 10-18-89; A by Div. of Agriculture, 11-3-97; A
by Dep’t of Agriculture by R023-99, 11-18-99; R098-02, 9-20-2002; R213-05, 6-28-2006;
R142-10, 12-30-2011)

1. Except as otherwise provided in this
section and NAC 565.220, an owner of livestock must
pay the following fees for the brand inspection of the livestock if the owner
has given the brand inspector notice of at least 24 hours:

(a) For the inspection of the first head of
livestock, $10; and

(b) For the inspection of each additional head of
livestock, $1 per head.

2. An owner of horses must pay the following
fees for the brand inspection of the horses if the owner has given the brand
inspector notice of at least 24 hours and the inspection takes place at a
location designated by the brand inspector:

(a) For the first horse inspected, $10; and

(b) For each additional horse inspected, $3 each.

3. If an owner of cattle requests a brand
inspection and, before conducting the brand inspection, the brand inspector
determines that a brand inspection of the cattle may be effectively conducted
in the district and authorizes the owner of the cattle to bring the cattle to
the brand inspector or to the office of the Division for the brand inspection,
the owner must pay a fee of $1 for each head of cattle inspected.

4. In addition to any fees required to be
paid pursuant to subsection 1 or 2, if an owner of livestock did not give the
brand inspector notice of at least 24 hours or a brand inspection or
reinspection is required because of a violation of a provision of chapter 564, 565, 566
or 569 of NRS or is conducted on a day
that is a state holiday, the owner must pay:

(a) For the travel time of the brand inspector from
his or her duty station to the place of inspection and from the place of
inspection to the duty station, $16 per hour.

(b) For the time necessary for the brand inspector
to conduct the inspection, $16 per hour.

(c) For the mileage of the brand inspector to reach
the place of inspection from his or her duty station and to reach the duty
station from the place of inspection, the amount of mileage reimbursement that
the brand inspector is entitled to receive from this State.

5. If a brand inspector has been assigned to
inspect the brands of livestock at a regular sale, the amount of the brand
inspection fee is:

(a) For cattle, $1 per head of livestock consigned.

(b) For horses:

(1) Ten dollars for the first horse consigned
by the owner; and

(2) Three dollars for each additional horse
consigned by the same owner.

6. If a brand inspector has been assigned to
a special sale of livestock, the amount of the brand inspection fee is, in
addition to the fees set forth in paragraphs (a) and (b) of subsection 5:

(a) For the travel time of the brand inspector from
his or her duty station to the place of inspection and from the place of
inspection to the duty station, $16 per hour.

(b) For the time necessary for the brand inspector
to conduct the inspection, $16 per hour.

(c) For the mileage of the brand inspector to reach
the place of inspection from his or her duty station and to reach the duty
station from the place of inspection, the amount of mileage reimbursement that
the brand inspector is entitled to receive from this State.

Ê The fees set
forth in this subsection must be paid on all consigned livestock regardless of
whether the livestock are actually sold at the special sale.

7. If an owner of livestock requests an
inventory inspection of the livestock, the owner must pay the following fees:

(a) For each head of livestock inspected, 40 cents.

(b) For the travel time of the brand inspector from
his or her duty station to the place of inspection and from the place of
inspection to the duty station, $16 per hour.

(c) For the time necessary for the brand inspector
to conduct the inspection, $16 per hour.

(d) For the mileage of the brand inspector to reach
the place of inspection from his or her duty station and to reach the duty
station from the place of inspection, the amount of mileage reimbursement that
the brand inspector is entitled to receive from this State.

8. All fees collected pursuant to this
section must be forwarded biweekly to the Department together with the original
brand inspection clearance certificate covering the inspection for which the
fees were collected, unless prior arrangements have been made with the Administrator.

[Dep’t of Agriculture, part Reg. No. 58, eff. 9-1-72; A
8-15-74; 2-25-77; 4-1-77]—(NAC A by Div. of Agriculture, 11-3-97; A by Dep’t of
Agriculture by R097-02, 9-20-2002; R213-05, 6-28-2006; R142-10 & R097-11,
12-30-2011)

1. The current and immediate prior brands on
an animal and additional brands at the discretion of the brand inspector must
be recorded by the brand inspector on the brand inspection clearance
certificate. If the brand inspector cannot clearly identify the brands, he or
she shall clip the hair or take other measures as necessary to identify the
animal.

2. If the ownership of the animal cannot be
determined, the brand inspector shall impound the animal for further
investigation.

3. The brand inspector shall check prior
transactions by checking brand inspection records or consulting with the owners
of prior brands to determine that the transactions were legal.

4. Suspected violators must be reported
immediately to the agricultural enforcement officer II or agricultural
enforcement officer III who is responsible for the area in which the brand
inspection occurs.

5. A calf being sold or shipped without
brands or without brands and marks healed and peeled must be inspected while
paired with its mother immediately before sale or shipment. In the case of
unbranded leppy calves or freshly branded calves:

(a) A statement signed by the producer verifying
ownership of the calves must be written on the brand inspection clearance
certificate at the time of inspection; or

(b) An affidavit of ownership must be completed by
the producer or brand inspector and attached to the original brand inspection
clearance certificate.

[Dep’t of Agriculture, part Reg. No. 58, eff. 9-1-72; A
8-15-74; 2-25-77; 4-1-77]—(NAC A by Div. of Agriculture, 11-3-97; A by Dep’t of
Agriculture by R213-05, 6-28-2006)

1. The Director shall train, equip and
instruct enforcement officers to stop vehicles carrying animals and verify that
the transportation of animals complies with all regulations. The Division may
inspect any animal at any location at any time when there is probable cause to
believe that a theft may be in progress, or strays or the natural drifting of
neighboring herds of animals may cause commingling of the animals or at any
time a brand inspection may be in the best interest of the industry.

2. No employee may perform a brand
inspection on any animal owned or to be purchased by the employee, his or her
employer, any member of the employee’s household or his or her immediate
family, or on any animal in which the employee, his or her employer, a member
of the employee’s household or a member of his or her immediate family has any
financial interest.

[Dep’t of Agriculture, part Reg. No. 58, eff. 9-1-72; A
8-15-74; 2-25-77; 4-1-77]—(NAC A by Div. of Agriculture, 11-3-97; A by Dep’t of
Agriculture by R213-05, 6-28-2006)